Page 18 • Warren County Report • Mid June, �013 Read this issue FREE on www.WarrenCountyVA.com

Town-County “I would support an extension if it will help us resolve this without litigation – let’s do it.” – Coun-cilman Daryl Funk

By Roger BianchiniWarren County Report

At a June �1 work session the Front Royal Town Council met with Front Royal Limited Part-nership (FRLP) principal David Vazzana and members of his planning and legal team to dis-cuss the status of Vazzana’s citi-zen-initiated annexation filing with the state. On Sept. �0, �01�, Vazzana no-tified the town and county of his intention to file the annexation request on 604 acres to the state

Commission on Local Govern-ment (CLG). He filed his annexa-tion request to bring the land into the town limits later that week. Nine months later that status is – let’s get another extension of pending deadlines for action in order to talk some more about details of bringing the area adja-cent to existing town central-util-ity supplied residential develop-ment into the town limits (where logic might indicate it belongs). The extension agreed upon was 60 days, though FRLP attorney Joe Silek Jr. said 30 days was pref-

erable to FRLP. The council con-sensus on the longer extension was to facilitate further planning

commission review. “It doesn’t need to go back to the planning commission – there’s nothing for them to see,” Silek said in response to the 60-day suggestion. Town Planning Director Jeremy

Camp agreed. “I don’t think it needs to go back to the planning commission unless something new pops up,” Camp said. Gene Tewalt seemed to express a council consensus at the outset

Trudging toward a decision on FRLP boundary adjustmentIs slow pace on one related to potential litigation on another boundary?

Council and staff, above, and FRLP team, from left Joe Silek Jr., David Vazzana and Bill Barnett, continue 9 months of discussion to find common ground on Vazzana’s annexation request at June 17 work session.

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Mid June, �013 • Warren County Report • Page 19Read this issue FREE on www.WarrenCountyVA.com

Town-County... within two days (June 17-18) both the town and county went behind closed doors to discuss “specific legal matters … specifically, Annexation” in the town’s case; and “probably litigation” … such matter being the Route 340/5�� North Corridor” in the county’s.

of the work session, “I want it to be ironclad that the town is not being bound to something in the future.” As for extending the timeframe for a town decision on the re-quest, Councilman Daryl Funk said, “I would support an exten-sion if it will help us resolve this without litigation – let’s do it.” Councilman Bret Hrbek said he thought it was to the town’s advantage to bring the property, long earmarked for development, into the town limits. “Let’s bring the property into town and then invite the coun-ty to the table,” Hrbek said. He added that his primary concern was that the developer be legally committed to build an east-west connector road in development plans dating back to Centex’s ef-forts to develop the land around �006-07. Hrbek’s positive perspective

echoed Shenandoah District Su-pervisor Richard Traczyk’s com-ment from over nine months earlier – “To me, this is a win-win for the town and county,” Traczyk said at an Oct. �, �01� supervi-sor’s work session. But you know how it is – always easier said than done with these guys.

Speaking of litigation

County Attorney Blair Mitch-ell told the supervisors on Oct. �, �01�, that if the three involved parties reached no positive con-sensus, a lawsuit by FRLP to fa-cilitate the annexation request would likely come in June �013. Now it seems such a lawsuit leading to a state ruling on the annexation request won’t be filed before mid-August �013. – And then only if you were prone to be-lieve our elected officials on both

sides of the town-county line can’t agree on something they all seem to agree is in the best inter-ests of both the town and county. Speaking of possible litigation, within two days (June 17-18) both the town and county went behind closed doors to discuss “specific legal matters … specifi-cally, Annexation,” in the town’s case; and “probably litigation” and “the litigating position of the public body; such matter being

the Route 340/5�� North Corri-dor,” in the county’s.

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Page �0 • Warren County Report • Mid June, �013 Read this issue FREE on www.WarrenCountyVA.com

Black & White

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tation infrastructure. The now-county land along Mary’s Shady Lane off Happy Creek Road was once targeted for residential de-velopment of between �,400 and

1,86� units by regional developer Centex between �004 and �007. FRLP, a family-owned partner-ship, already has 150 acres in town rezoned for development of

as many as 130 residential units nearby. The town and county currently have an agreement to negotiate proffers for each other on devel-opment on their land that would

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any independent proffer agree-ment with the county could limit FRLP’s ability to meet town prof-fer requirements when rezoning actually was on the table post settlement agreement. But if separate discussions between the developer and the county were of concern to coun-cil on June 17, in February it was Vazzana who was upset the town and county were discussing prof-fer adjustments without inviting him or his representatives.

Trust us, Dave’

Perhaps the most amazing part of this whole discussion is that proffers related to a rezoning that is not being included in the Voluntary Settlement Agreement are at issue at all. In fact, at the county’s first public discussion of the FRLP annexation request on

Oct. �, �01�, County Attorney Blair Mitchell told the supervi-sors Vazzana’s annexation re-quest did NOT involve rezoning, so consequently proffer negotia-tions related to rezoning and de-velopment would come AFTER approval by the three parties of a Voluntary Settlement Agreement on the annexation. However, at the Feb. �1 town-county-FRLP meeting, Vazzana

pointed out, “I’m being asked for $�� million (in proffers) with no assurances on rezoning. It’s as if you’re saying ‘Trust us, Dave.’ I’m not willing to agree to $�� million in proffers with no assurances other than ‘Trust us, Dave.’ ” On June 17, Mayor Tim Darr re-iterated that detailed town-devel-oper proffer negotiations would come after the land was brought into town and FRLP brought its

rezoning request and eventually a detailed development plan to the town for approval. In the end the 60-day extension was agreed upon. But Silek said FRLP would present the latest Voluntary Settlement Agreement details to the planning commis-sion at its meeting two days later (June 19) in the hope of quicker movement toward a town deci-sion.

Black & White

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